74R10705 T
          By Heflin                                             H.B. No. 2941
          Substitute the following for H.B. No. 2941:
          By Heflin                                         C.S.H.B. No. 2941
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the appraisal of property for tax purposes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1.07, Tax Code, is amended by adding a
    1-5  new Subsection (d) to read as follows:
    1-6        (d)  A notice required by Sec. 11.45, 23.44(d), 23.57(d),
    1-7  23.79(d), 23.85, or 23.95(e) shall be delivered by certified mail.
    1-8        SECTION 2.  Subchapter C, Chapter 6, Tax Code, is amended by
    1-9  adding Section 6.414 to read as follows:
   1-10        Sec. 6.414.  TRAINING.  (a)  The Comptroller shall establish
   1-11  minimum standards for training all members of appraisal review
   1-12  boards.
   1-13        (b)  A person appointed as a member of an appraisal review
   1-14  board is required to attend and receive certification of
   1-15  participation in a training program approved by the Comptroller in
   1-16  accordance with rules adopted by the Comptroller as a prerequisite
   1-17  to participation in hearings.
   1-18        SECTION 3.  Subchapter C, Tax Code, is amended by adding
   1-19  Section 6.415 to read as follows:
   1-20        Sec. 6.415.  ELIGIBILITY OF FORMER OFFICERS AND DIRECTORS OF
   1-21  TAX ENTITIES IN COUNTIES OF MORE THAN 50,000 POPULATION.  Any
   1-22  person who has been an elected or appointed officer, director,
   1-23  employee in a tax collection office, or employee in a budgetary or
    2-1  fiscal planning office of a taxing unit or an appraisal district in
    2-2  a county of more than 50,000 population is not eligible to serve on
    2-3  an appraisal review board that reviews appraisals of property
    2-4  within such taxing entity or appraisal district.
    2-5        SECTION 4.  Subsection (h), Section 11.251, Tax Code, is
    2-6  amended to read as follows:
    2-7        (h)  The chief appraiser by written notice delivered to a
    2-8  property owner who claims an exemption under this section may
    2-9  require the property owner to provide copies of inventory or
   2-10  property records in order to determine the amount and value of
   2-11  freeport goods. If the property owner fails to deliver the
   2-12  information requested in the notice before approval of the
   2-13  appraisal records by the appraisal review board <the 31st day after
   2-14  the date the notice is delivered to the property owner>, the
   2-15  property owner forfeits the right to claim or receive the exemption
   2-16  for that year.
   2-17        SECTION 5.  Chapter 11, Tax Code, is amended by adding a new
   2-18  Section 11.437 to read as follows:
   2-19        Sec. 11.437.  LATE APPLICATION FOR FREEPORT EXEMPTION.  (a)
   2-20  The chief appraiser shall accept and approve or deny an application
   2-21  for exemption under Section 11.251 of this Code after the deadline
   2-22  for filing it has passed if it is filed before approval of the
   2-23  appraisal records by the appraisal review board.
   2-24        (b)  If an exemption under Section 11.251 of this Code is
   2-25  approved when the application is filed late, the owner is liable
    3-1  for a penalty of 10 percent of the difference between the amount of
    3-2  tax imposed on the property and the amount that would be imposed if
    3-3  the property were taxed at market value.
    3-4        (c)  The chief appraiser shall make an entry on the appraisal
    3-5  records indicating the person's liability for the penalty and shall
    3-6  deliver written notice of imposition of the penalty, explaining the
    3-7  reason for its imposition, to the person.
    3-8        (d)  The tax assessor for a taxing unit that taxes property
    3-9  subject to exemption under Section 11.251 of this Code after a late
   3-10  application shall add the amount of the penalty to the owner's tax
   3-11  bill, and the tax collector for the unit shall collect the penalty
   3-12  at the time and in the manner he collects the tax.  The amount of
   3-13  the penalty constitutes a lien against the property against which
   3-14  the penalty is imposed, as if it were a tax, and accrues penalty
   3-15  and interest in the same manner as a delinquent tax.
   3-16        SECTION 6.  Subsection (a), Section 22.23, Tax Code, is
   3-17  amended to read as follows:
   3-18        (a)  Rendition statements and property reports must be
   3-19  delivered to the chief appraiser after January 1 and not later than
   3-20  <before> April 15, except as provided by Section 22.02 of this
   3-21  code.
   3-22        SECTION 7.  Subsection (f), Section 23.55, Tax Code, is
   3-23  amended to read as follows:
   3-24        (f)  The sanctions provided by Subsection (a) of this section
   3-25  do not apply if the change of use occurs as a result of the
    4-1  transfer by sale, gift, or otherwise, <a sale> for right-of-way or
    4-2  other public purpose, or a condemnation.
    4-3        SECTION 8.  Subsection (c), Section 33.01, Tax Code, is
    4-4  amended to read as follows:
    4-5        (c)  A delinquent tax accrues interest at a rate of one
    4-6  percent for each month or portion of a month the tax remains
    4-7  unpaid. Interest payable under this section is to compensate the
    4-8  taxing unit for revenue lost because of the delinquency.  A
    4-9  delinquent tax continues to accrue interest under this subsection
   4-10  as long as the tax remains unpaid, regardless of whether a
   4-11  judgement for the delinquent tax has been rendered.
   4-12        SECTION 9.  Section 33.41, Tax Code, is amended by adding a
   4-13  new Subsection (d) to read as follows:
   4-14        (d)  A suit brought under Subsection (a) against the personal
   4-15  representative of an estate who is acting under the control and
   4-16  supervision of a probate court need not be filed in that probate
   4-17  court, but may instead be brought in a court of competent
   4-18  jurisdiction of the county in which the tax was imposed.  All
   4-19  provisions relative to the presentment of a claim against an estate
   4-20  as a prerequisite for judgement shall not be construed as to apply
   4-21  to any claim for delinquent taxes owing to a taxing unit.
   4-22        SECTION 10.  Subsection (c), Section 33.47, Tax Code, is
   4-23  amended to read as follows:
   4-24        (c)  In a suit to collect a tax, a tax receipt issued under
   4-25  Section 31.075 of this code, or an electronic replica of the
    5-1  receipt, that states that a tax has been paid is <constitutes>
    5-2  prima facie evidence that the tax has been paid as stated by the
    5-3  receipt or electronic replica.
    5-4        SECTION 11.  Section 33.51, Tax Code, is amended to read as
    5-5  follows:
    5-6        Sec. 33.51.  Writ of Possession.  If the court orders the
    5-7  foreclosure of a tax lien and the sale of real property, the
    5-8  judgment shall provide for the issuance by the clerk of said court
    5-9  of a writ of possession to the purchaser at the sale or to the
   5-10  purchaser's <his> assigns no sooner than 20 days following the date
   5-11  on which the purchaser's deed from the sheriff or constable is
   5-12  filed of record <within 20 days after the period of redemption
   5-13  expires>.
   5-14        SECTION 12.  Subsections (a) and (b) of Section 33.52, Tax
   5-15  Code, are amended, and Subsection (c) of Section 33.52 is added, to
   5-16  read as follows:
   5-17        Sec. 33.52.  Judgment for Current Taxes.  (a)  If the court
   5-18  orders the foreclosure of a tax lien and the sale of real property
   5-19  the judgment shall, on motion of the taxing unit, order that the
   5-20  taxing unit recover from the proceed of the sale the amount of tax
   5-21  on the property for the current tax year <prorated to the date of
   5-22  the judgment>.
   5-23        (b)  If the amount of tax for the current tax year has not
   5-24  been determined on the date of judgment the court shall, on motion
   5-25  of the taxing unit, order recovery of the amount of tax imposed on
    6-1  the property for the preceding tax year<, prorated to the date of
    6-2  judgment>.
    6-3        (c)  If the judgement does not provide for recovery of taxes
    6-4  imposed for the current tax year, or for recovery of estimated
    6-5  taxes that cannot then be calculated for the current year, the real
    6-6  property is subject to the taxes for the current tax year and to
    6-7  the lien that secures those taxes, and any subsequent purchaser
    6-8  takes the property subject to those taxes and the tax lien.
    6-9        SECTION 13.  Subsection (a) of Section 34.05, Tax Code, is
   6-10  amended to read as follows:
   6-11        (a)  If property is sold to a taxing unit that is a party to
   6-12  the judgement the taxing unit may sell the property at any time
   6-13  subject to any right of redemption existing at the time of the
   6-14  sale.  In selling the property, the taxing unit may, but is not
   6-15  required to, use the procedures provided by Section 272.001, Local
   6-16  Government Code.
   6-17        SECTION 14.  Section 34.21, Tax Code, is amended to read as
   6-18  follows:
   6-19        Sec. 34.21.  Right of Redemption.  (a)  The owner of real
   6-20  property sold at a tax sale to a purchaser other than a taxing unit
   6-21  and that was the residence homestead of the owner or that was land
   6-22  designated for agricultural use when the suit to collect the tax
   6-23  was filed may redeem the property within two years after the date
   6-24  on which the purchaser's deed is filed for record by paying the
   6-25  purchaser the amount the purchaser bid for the property, the amount
    7-1  of the deed recording fee, and the amount paid by the purchaser as
    7-2  taxes, penalties, interest, and costs on the property, plus a
    7-3  redemption premium of 25 percent of the aggregate total if the
    7-4  property is redeemed during the first year of the redemption period
    7-5  or 50 percent of the aggregate total if the property is redeemed
    7-6  during the second year of the redemption period.
    7-7        (b)  If property that was the owner's residence homestead or
    7-8  was land designated for agricultural use when the suit to collect
    7-9  the tax was filed is bid off to a taxing unit under Section
   7-10  34.01(c) and has not been resold by the taxing unit, the owner
   7-11  having a right of redemption may redeem the property within two
   7-12  years after the date on which the deed or the taxing unit is filed
   7-13  for record by paying the taxing unit the amount of the judgement
   7-14  against the property or the market value of the property as
   7-15  specified in that judgement, whichever is less, plus the amount of
   7-16  the fee for filing the taxing unit's deed and the amount expended
   7-17  by the taxing unit as costs on the property.
   7-18        (c)  If real property that was the owner's residence
   7-19  homestead or was land designated for agricultural use when the suit
   7-20  to collect the tax was filed has been resold by the taxing unit
   7-21  under Section 34.05, the owner of the property having a right of
   7-22  redemption may redeem the property within two years after the date
   7-23  on which the taxing unit files for record the deed from the sheriff
   7-24  or constable by paying the person who purchased the property from
   7-25  the taxing unit the amount the purchaser paid for the property, the
    8-1  amount of fee for filing the purchaser's deed for record, the
    8-2  amount paid by the purchaser as taxes, penalties, interest and
    8-3  costs on the property, plus a redemption premium of 25 percent of
    8-4  the aggregate total if the property is redeemed in the first year
    8-5  of the redemption period or 50 percent of the aggregate total if
    8-6  the property is redeemed in the second year of the redemption
    8-7  period.
    8-8        (d) <(b)>  The owner of real property sold at a tax sale
    8-9  other than property <covered by Subsection (a)> that was the
   8-10  residence homestead of the owner or that was land designated for
   8-11  agricultural use when the suit to collect the tax was filed may
   8-12  redeem the property <within> in the same manner and by paying the
   8-13  same amounts as prescribed by Subsection (a), (b), or (c), as
   8-14  applicable, except that:
   8-15              (1)  the owner's right of redemption expires after six
   8-16  months <after> following the date on which the purchaser's or
   8-17  taxing unit's deed is filed for record <by paying the purchaser the
   8-18  amount the purchaser bid for the property, the amount of the deed
   8-19  recording fee, and the amount paid by the purchaser as taxes,
   8-20  penalties, interest, and costs on the property, plus 25 percent of
   8-21  the aggregate total.>, and
   8-22              (2)  the redemption premium payable by the owner to a
   8-23  purchaser other than a taxing unit shall not exceed 25 percent.
   8-24        (e) <(c)>  If the owner of the real property makes an
   8-25  affidavit that the owner <he> has made diligent search in the
    9-1  county on which the property is located for the purchaser at the
    9-2  tax sale or for the purchaser at resale, and has failed to find
    9-3  that purchaser <him>, that the purchaser <at the sale> is not a
    9-4  resident of the county in which the property is located, that the
    9-5  owner <he> and the purchaser cannot agree on the amount of
    9-6  redemption money due, or that the purchaser refuses to give the
    9-7  owner <him> a quitclaim deed to the property, the owner may redeem
    9-8  the property <land> by paying the required amount as prescribed by
    9-9  this section <Subsection (a) or (b), as applicable,> to the
   9-10  assessor-collector for the county in which the property is located.
   9-11  The assessor-collector receiving the payment shall give the owner a
   9-12  signed receipt witnessed by two persons.  The receipt, when
   9-13  recorded, is notice to all persons that the property described has
   9-14  been redeemed.  The assessor-collector shall on demand pay the
   9-15  money received by the assessor-collector <him> to the purchaser <at
   9-16  the tax sale>.
   9-17        (f) <(d)>  The right of redemption does not grant or reserve
   9-18  in the former owner of the real property the right to the use or
   9-19  possession of the property, or to receive rents, income or other
   9-20  benefits from the property while the right of redemption exists.
   9-21        (g) <(e)>  In this section, "residence homestead" has the
   9-22  meaning assigned by Section 11.13.
   9-23        (h) <(f)>  In this section, "agricultural use" has the
   9-24  meaning assigned by Section 23.51.
   9-25        (i)  In this section, "costs" is defined to include all those
   10-1  amounts reasonably expended by a purchaser or taxing unit in the
   10-2  maintenance, preservation, and safekeeping of the property,
   10-3  included but not limited to:
   10-4              (1)  insurance against fire, flood. and other hazards,
   10-5              (2)  repairs and improvements required by local
   10-6  ordinance, building code, or by the terms of any existing lease of
   10-7  the property, whether written or oral,
   10-8              (3)  discharge of mowing, cleaning, or demolition liens
   10-9  against the property which secure expenses incurred by a
  10-10  municipality,
  10-11              (4)  dues, assessments for maintenance, or lines
  10-12  provided by recorded restrictive covenants affecting the property
  10-13  and payable to a property owners' association, and
  10-14              (5)  standby fees payable to a water district, fresh
  10-15  water supply district, or other municipality as authorized by law.
  10-16        SECTION 15.  Section 34.23, Tax Code, is amended to read as
  10-17  follows:
  10-18        Sec. 34.23.  Distribution of Redemption Proceeds.  <(a)>  If
  10-19  the owner of property sold for taxes to a taxing unit redeems the
  10-20  property before the property is resold, the taxing unit shall
  10-21  distribute the redemption proceeds in the manner that proceeds of
  10-22  the resale of property are distributed.
  10-23        <(b)  If the owner of property sold for taxes redeems from
  10-24  the taxing unit after the property has been resold, the taxing unit
  10-25  shall pay the purchaser at the resale the amount he paid for the
   11-1  property, plus 25 percent of that amount if the redemption occurs
   11-2  within one year of the date the property is resold or 50 percent of
   11-3  that amount if the redemption occurs more than one year after the
   11-4  date the property is resold.  The taxing unit shall distribute the
   11-5  redemption proceeds remaining after payment of the amount due the
   11-6  purchaser at resale to the taxing units adjudged to have tax liens
   11-7  against the property in the proportion the amount of each unit's
   11-8  lien bears to the total amount of all liens established in the
   11-9  foreclosure suit.>
  11-10        SECTION 16.  Section 41.01, Tax Code, is amended to read as
  11-11  follows:
  11-12        Sec. 41.01.  Duties of Appraisal Review Board.  (a)  The
  11-13  appraisal review board shall have the authority to:
  11-14              (1)  determine protests initiated by property owners;
  11-15              (2)  determine challenges initiated by taxing units;
  11-16              (3)  correct clerical errors in the appraisal records
  11-17  and the appraisal rolls;
  11-18              (4)  act on motions to correct appraisal rolls under
  11-19  Section 25.25;
  11-20              (5)  determine whether an exemption or a partial
  11-21  exemption is improperly granted and whether land is improperly
  11-22  granted appraisal as provided by Subchapter C, D, or E, Chapter 23;
  11-23  and
  11-24              (6)  take any other action or make any other
  11-25  recommendation that this title specifically authorizes or requires.
   12-1        (b)  the appraisal review board may not engage in any
   12-2  activity or make any determination not specifically authorized by
   12-3  this Code.  No other authority is granted or implied.
   12-4        SECTION 17.  Section 41.44, Tax Code, is amended by adding a
   12-5  new Subsection (e) to read as follows:
   12-6        (e)  The appraisal review board shall accept and consider a
   12-7  protest filed by an agent of a property owner if an agency
   12-8  authorization is filed at or before the hearing on the protest.
   12-9        SECTION 18.  Section 41.45, Tax Code, is amended by amending
  12-10  Subsections (b), (d), and (e), and adding a new Subsection (g) to
  12-11  read as follows:
  12-12        (b)  The property owner initiating the protest is entitled to
  12-13  an opportunity to appear to offer evidence or argument.  The
  12-14  property owner may offer his evidence or argument by affidavit
  12-15  without personally appearing if he attests to the affidavit before
  12-16  an officer authorized to administer oaths and submits the affidavit
  12-17  to the board hearing the protest before it begins the hearing on
  12-18  the protest.  On receipt of an affidavit, the board shall notify
  12-19  the chief appraiser.  The chief appraiser may inspect the affidavit
  12-20  and is entitled to a copy on request.  An affidavit shall identify
  12-21  the protesting property owner, the property that is the subject of
  12-22  the protest, and a statement by the owner on a determination of the
  12-23  appraisal district relevant to the property that is the subject of
  12-24  the protest.  The comptroller shall prescribe a standard form for
  12-25  an affidavit that requires the property owner to provide this
   13-1  information.  Appraisal districts shall make copies of the form
   13-2  available to property owners.
   13-3        (d)  An appraisal review board consisting of more than three
   13-4  members may sit in panels of not fewer than three members to
   13-5  conduct protest hearings.  However, the determination of a protest
   13-6  heard by a panel must be made by the board.  If the determination
   13-7  of a panel is not accepted by the board, the board may refer the
   13-8  matter for rehearing to a panel composed of members who did not
   13-9  hear the original hearing or, if there are not at least three
  13-10  members who did not hear the original protest, the board may
  13-11  determine the protest.  Before determining a protest or conducting
  13-12  a rehearing before a new panel, the board shall deliver notice of
  13-13  the hearing or meeting to determine the protest in accordance with
  13-14  the provisions of this subchapter.
  13-15        (e)  The board shall postpone the hearing to a later date if:
  13-16              (1)  the property owner or the owner's agent shows good
  13-17  cause for the postponement;
  13-18              (2)  the property owner or the owner's agent provides a
  13-19  copy of a notice for a hearing addressed to the property owner or
  13-20  to the individual representing the property owner set by another
  13-21  appraisal district for the same date and bearing a postmark earlier
  13-22  than the date on which the appraisal review board delivered its
  13-23  notice of the hearing, or
  13-24              (3)  <if> the chief appraiser consents to the
  13-25  postponement.  The hearing may not be postponed to a date less than
   14-1  five or more than 15 days after the date scheduled for the original
   14-2  hearing unless the date and time of the hearing as postponed are
   14-3  agreed to by the appraisal review board, the property owner, and
   14-4  the chief appraiser.  Postponement under this subsection does not
   14-5  require the delivery of additional written notice to the property
   14-6  owner.
   14-7        (g)  Prior to or immediately upon opening a hearing on a
   14-8  protest, the chief appraiser and the property owner or the owner's
   14-9  agent shall exchange copies of all written materials that will be
  14-10  provided to the appraisal review board during the hearing.
  14-11        SECTION 19.  Chapter 41, Tax Code, is amended by adding a new
  14-12  Section 41.48 to read as follows:
  14-13        Sec. 41.48.  SETTLEMENT AGREEMENTS.  The chief appraiser
  14-14  shall change the appraisal records or the appraisal roll to reflect
  14-15  any agreement between the property owner or the owner's agent and
  14-16  the chief appraiser that is final pursuant to Section 1.111(e) of
  14-17  this Code.  A property owner or the owner's agent may file suit in
  14-18  a court having jurisdiction to compel the chief appraiser to comply
  14-19  with this section.
  14-20        SECTION 20.  Subsection (c), Section 41.61, Tax Code, is
  14-21  amended to read as follows:
  14-22        (c)  An appraisal review board may not issue a subpoena under
  14-23  this section unless the board holds a hearing at which the board
  14-24  determines that good cause exists for the issuance of the subpoena.
  14-25  The appraisal review board before which a good cause hearing is
   15-1  scheduled shall deliver written notice to the party being
   15-2  subpoenaed and parties to the protest of the date, time, and place
   15-3  of the hearing.  The board shall deliver the notice not later than
   15-4  the 5th day before the date of the good cause hearing.  The party
   15-5  being subpoenaed must have an opportunity to be heard at the good
   15-6  cause hearing.
   15-7        SECTION 21.  Subsection (b), Section 42.06, Tax Code, is
   15-8  repealed and Subsections (c), (d), and (e) of Section 42.06 are
   15-9  amended to read as follows:
  15-10        (b) <(c)>  A party other than a chief appraiser or property
  15-11  owner who appeals an order of an appraisal review board shall file
  15-12  the notice with the chief appraiser of the appraisal district for
  15-13  which the appraisal review board is established.  A chief appraiser
  15-14  who appeals an order of an appraisal review board shall file the
  15-15  notice with the appraisal review board.  A party who appeals an
  15-16  order of the comptroller shall file the notice with the
  15-17  comptroller.
  15-18        (c) <(d)>  If the chief appraiser, a taxing unit, or a county
  15-19  appeals, the chief appraiser, if the appeal is of an order of the
  15-20  appraisal review board, or the comptroller, if the appeal is of an
  15-21  order of the comptroller, shall deliver a copy of the notice to the
  15-22  property owner whose property is involved in the appeal within 10
  15-23  days after the date the notice is filed.
  15-24        (d) <(e)>  On the filing of a notice of appeal, the chief
  15-25  appraiser shall indicate where appropriate those entries on the
   16-1  appraisal records that are subject to appeal.
   16-2        SECTION 22.  Subsection (b), Section 42.43, Tax Code, is
   16-3  amended to read as follows:
   16-4        (b)  For a refund made under this section because an
   16-5  exemption under Section 11.20 that was denied by the chief
   16-6  appraiser or appraisal review board is granted, the taxing unit
   16-7  shall include with the refund interest on the amount refunded
   16-8  calculated at an annual rate that is equal to the auction average
   16-9  rate quoted on a bank discount basis for three-month treasury bills
  16-10  issued by the United States government, as published by the Federal
  16-11  Reserve Board, for the week in which the taxes became delinquent,
  16-12  but not more than 10 percent, calculated from the delinquency date
  16-13  for the taxes until the date the refund is made.  For any other
  16-14  refund made under this section, the taxing unit shall include with
  16-15  the refund interest on the amount refunded at an annual rate of
  16-16  <that is equal to the auction average rate quoted on a bank
  16-17  discount basis for three-month treasury bills issued by the United
  16-18  States government, as published by the Federal Reserve Board, for
  16-19  the week in which the taxes became delinquent, but not more than>
  16-20  eight percent, calculated from the delinquency date for the taxes
  16-21  until the date the refund is made.
  16-22        SECTION 23.  Section 6.035, Tax Code, is amended by adding
  16-23  Subsection (e) to read as follows:
  16-24        (e)  An individual who has served as a chief appraiser may
  16-25  not represent a property owner before the appraisal review board
   17-1  for the county in which that individual served as chief appraiser
   17-2  in a protest or other proceeding related to an appraisal record or
   17-3  appraisal roll created during that individual's service as chief
   17-4  appraiser.
   17-5        SECTION 24.  The provisions of Section 2 and Section 3 apply
   17-6  to an appraisal review board member whose term begins on or after
   17-7  January 1, 1996.
   17-8        SECTION 25.  The importance of this legislation and the
   17-9  crowded condition of the calendars in both houses create an
  17-10  emergency and an imperative public necessity that the
  17-11  constitutional rule requiring bills to be read on three several
  17-12  days in each house be suspended, and this rule is hereby suspended.